Chapman v. Poland et al

Filing 7

MEMORANDUM AND ORDER - This matter is dismissed without prejudice because Plaintiff failed to prosecute this matter diligently and failed to comply with this court's orders. A separate judgment will be entered in accordance with this Memorandum and Order. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLIE JOE CHAPMAN,
Plaintiff,
v.
ELLEN POLAND, et al.,
Defendants.

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4:13CV3205

MEMORANDUM
AND ORDER

This matter is before the court on its own motion. On December 26, 2013, the
court informed Plaintiff that to ensure further consideration of his Complaint, he
needed to either tender the $400.00 filing and administrative fees to the Clerk of the
court or submit a request to proceed in forma pauperis and an affidavit of poverty in
support thereof. (Filing No. 6.) The court provided pauper’s forms for Plaintiff’s use
and stated the forms “should be completed and returned to this court.” (Id.) The
court gave Plaintiff until January 23, 2014, to comply with its December 26, 2013,
Memorandum and Order. (Id.) In doing so, the court warned Plaintiff that his failure
to comply could result in dismissal of the Complaint. (Id.)
Plaintiff did not pay the court’s filing and administrative fees or complete and
return the pauper’s forms by the court’s January 23, 2014, deadline. (See Docket
Sheet.) Accordingly, this matter is dismissed because Plaintiff failed to comply with
the court’s December 26, 2013, Memorandum and Order.
IT IS THEREFORE ORDERED that:
1.
This matter is dismissed without prejudice because Plaintiff failed to
prosecute this matter diligently and failed to comply with this court’s orders.

2.
A separate judgment will be entered in accordance with this
Memorandum and Order.
DATED this 4th day of February, 2014.
BY THE COURT:
s/ John M. Gerrard
United States District Judge

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